Agreement Respecting Temporary Sewer Connection 2004-0296977T t
RECORDING REQUESO BY: ) of r
CITY OF POWAYUJU
AND WHEN RECORDED MAIL TO: ) S.r
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CITY CLERK
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92074 )
No. transfer tax due ) (This space for Recorder's use only)
tOr This document affects APN: 278-170-80
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT is made February 3 , 2004, between Sophia
Dakis, herein called "Owner", and the City of Poway, herein called "City", in view of the
following facts:
A. Owner has title to the following described real property situated in the County of
San Diego, State of California, and within the boundaries of the City. The
property of Owner is more particularly described as follows:
Property located on Lakeview Road, APN 278-170-80.
B. The property of Owner is not adjacent to any sewer main of the City, and Owner
has applied for permission to connect with a City main at a location removed
from her property for the purpose of providing a sewer system for the property.
C. City is willing to permit a temporary connection at its nearest main, providing
Owner agrees to and accepts the following terms and conditions.
IT IS, THEREFORE, AGREED by Owner, on behalf of herself and her successors in
interest in the above described property, and City, as follows:
1. Owner will, within six (6) months from date of this agreement, make application
for a connection and pay all City's regular charges and fees in effect at the time of services
connection to the City's nearest main, and acquire any easement or encroachment permit
which might be necessary to run a service lateral from the main to the Owner's property.
The cost of acquiring any such easement or encroachment permit, the installation and
subsequent maintenance of the service lateral shall be entirely at Owner's expense, and
the City shall have no liability or responsibility therefore.
2. The connection provided under the terms of this Agreement shall be available to
the property of Owner, as above described, only as long as such connection shall serve
only one parcel. Such service and use of the connection may be terminated by the City
upon thirty days' written notice addressed to Owner at his last known address on file in the
City in the event the service is extended to any division of the property into two or more
separate parcels to be served from such connection, or in the event of the construction of
two or more residences thereon.
(0q.401 40)
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3'Should City or others hereafter install or provide a City sewer main adjacent to
Owner's property or at location from which City then determines is to be the point of
permanent connection, the temporary connection permitted by this Agreement shall, upon
demand by the City, be terminated. After such termination, any future sewer service shall
be provided by a connection to the new City main upon the payment to City by Owner of
any charges and fees then established by City. The amount of such charges and fees shall
include those that City then charged for connection to the new main, together with such
other reasonable charges as City may establish, including a proportionate share of the cost
of installation of such new main or a line charge.
4. Any breach or violation of the terms and conditions established by this
Agreement or of City's rules and regulations shall, at the option of the City, permit City to
terminate this Agreement and the temporary connection if such breach or violation is not
cured within thirty days after written notice given to Owner or their successors in interest by
City. In the event of such termination, City may disconnect the line without any further
liability or obligation to Owner or their successors in interest.
5. Owner hereby further agrees to participate in the formation of a special
assessment district, pursuant to the provisions of either the "Municipal Improvement Act of
1913", or the "Improvement Act of 1911", for the construction and installation of a
permanent sewer system. Owner further acknowledges that his property will be assessed
for its proportionate share of the costs of the work of improvement. Owner waives any
rights, at this time, to protest or object to the formation of the assessment district.
IN WITNESS WHEREOF, this Agreement has been executed by Owner and on
behalf of City pursuant to motion approved by the Poway City Council at its meeting held
February 3, 2004.
CITY OF POWAY OWNER:
By:
Niall Fritz S hia Dakis
(Signature must be notarized. Notary form attached.)
MAengsery\04Reports\Temp Sewer Connection APN 278-170-80 (Dakis)\Temp Sewer Conn Agreement.doc
CALIFORNIA ALL-PURPSE ACKNOWLEDGMENT
State of
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On - � i A, i- f before me, l�j �� f l� -,-LF-
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Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
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personally appeared S U r t� i ,A,-
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❑ personally known to me - OR ,HCl proved to me on the basis of evidence to be the personiwhose name) is/subscribed tot within instru ent
and acknowledged to me that / e// V executed the
same in s%her/t it authori d capat�ltys), and that by
er/�r signature(s) on the instrun ent the per nw,
GREG KUGLER 4or the entity upon behalf of which the person acted,
Commission #1283243 < executed the instrument.
U.
Notary Public - California N
San Diego County 4WITNES �lly hand and official seal.
My Commission Exp. NOV. 5, 2004
Si a of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
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Description of Attached Document
Title or Type of Document: Alf. +eLc 1 -kc
Document Date: 0'-t F-e)D I z C";�-f'
Number of Pages:
�J-t
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
e
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
.. of thumb here
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